Civil Cases vs. Criminal Cases: Key Differences

You might have thought of a criminal case as any legal offense that could lead to incarceration. But criminal and civil cases have many differences beyond possible jail time. Besides, not all crimes impose a jail sentence. 

This article explores some key differences between civil cases and criminal cases. These differences can affect how you might approach each type of case.

If you face either type of case, get detailed legal advice about how to proceed. A criminal defense lawyer can advocate for you against criminal charges. Alternatively, a civil law attorney can help you resolve a dispute or lawsuit.

Compare criminal and civil cases below:

• Civil Law vs. Criminal Law
• Introduction to Civil Cases
• Types of Civil Cases
• Introduction to Criminal Cases
• Types of Criminal Cases
• How Civil Lawsuits and Criminal Cases Can Overlap

Civil Law vs. Criminal Law

At a basic level, there are two main categories of law that address legal violations: civil and criminal. A simplistic way to start thinking about this legal system is that civil laws aim to protect individuals’ rights and liberties, while criminal laws aim to protect general order.

But the true distinction between these two categories is much more complex. After all, these primary purposes often intertwine.

The main differences between these categories involve:

• What law (or legal concept) was violated
• Who has the authority to hold the violator accountable, such as a private entity (plaintiff) or the government (prosecutor)
• The legal standards of proof required for a successful case
• Which type of court would hear and decide the case
• What type of penalties or remedies could follow the final decision or resolution

Civil cases involve private disputes between at least two private parties. Criminal cases involve an action considered harmful to society as a whole (criminal offense). The defendant commits these offenses against the “state” or “the people.”

In civil cases, the parties typically turn to civil court to resolve their disputes, and they hire a private attorney to prosecute their case. In criminal cases, district attorneys prosecute defendants on behalf of the state.

Finally, one may lose their freedom if they are convicted in a criminal case but not in a civil case.

Introduction to Civil Cases

A civil case begins when an individual or entity (such as a corporation), the plaintiff, files a legal action against another individual or entity, the defendant. The plaintiff and the defendant are also called “parties” or “litigants.”

The plaintiff usually claims the defendant has breached a civil duty or been negligent in some way. Contracts and negligence cases are examples of torts.

State and Federal Civil Cases

State and federal courts can hear civil suits. An example of a civil case in a state court would be if one party sued another for breach of contract. In breach of contract, one party fails to follow the terms that the parties previously agreed to uphold.

For example, a lumberyard contracts to sell wood to a carpenter for a set price. On the delivery date, the lumberyard fails to deliver the wood. The carpenter needed the wood that day, so they had to buy it elsewhere at a higher price. The lumberyard has breached the contract, and the carpenter can sue for damages, the costs of buying the wood, and any delay in the project.

Parties, including the federal government, can bring civil suits to federal courts. Federal courts hear violations of federal statutes and constitutional rights. They also hear “diversity” cases where parties are from different states.

Standards and Rights in Civil Cases

In a civil trial, constitutional rights to due process don’t apply in the same way as in criminal court. Defendants don’t have the same right to a speedy trial. There is no bail or bond in a civil lawsuit.

The burden of proof is on the plaintiff. In most cases, the burden is only a preponderance of the evidence. This usually means “more likely than not.”

Types of Civil Cases

Civil law is broad. Many aspects of life relate to civil law in some way. Civil cases can involve litigation, injuries, contracts, transactions, and more.

Some of the categories under civil law include:

• Family law, including divorce and child custody
• Personal injury law, such as car accident cases
• Tort law, including defamation
• Contract law
• Business law, such as entity formation
• Consumer law
• Real estate law
• Landlord/tenant law
• Employment law

When you think of the term “civil case,” you might picture a lawsuit in court. But many civil matters don’t require court intervention, unlike criminal prosecutions. There are many alternative ways to resolve a civil dispute.

Introduction to Criminal Cases

In our justice system, the victim does not bring criminal charges against the suspect. The government prosecutes the crime on behalf of the state where the crime occurred. A prosecutor is the person who represents the government and files these cases.

Under the U.S. Constitution, all defendants in criminal court have the right to due process, which includes:

• The right to a criminal defense attorney during trial
• The right to a presumption of innocence
• The right to a speedy trial
• The right to make bail
• The right to call witnesses in their defense and to confront witnesses against them

Higher Standards in Criminal Cases

In a criminal case, the prosecution has the burden of proof against the defendant and must prove guilt beyond a reasonable doubt. The principal difference in a criminal case is that the defendant is facing a loss of their liberty, so there’s a higher standard of proof in a criminal case than in civil litigation.

Types of Criminal Cases

Criminal cases fall into several categories of severity, including:

• Felonies
• Misdemeanors
• Infractions

The category of these types of cases depends on the nature of the crime and the length of the sentence. 

Felonies

Felonies are the most serious crimes, with sentences that exceed one year.

They typically include but are not limited to the following:

• Homicide (murder)
• Armed robbery
• Kidnapping
• Drug trafficking

They may also include high-dollar value white-collar crimes, like embezzlement.

Misdemeanors

Misdemeanors are less serious crimes that typically carry jail sentences of less than one year.

They can include, but are not limited to, the following:

• Petty theft
• Simple assault and battery
• Property crimes
• Minor traffic crimes

Infractions

Infractions are minor crimes, typically punishable by fines.

Most people have committed one infraction such as one of the following:

• Minor traffic violations
• Public intoxication or similar crimes

How Civil Lawsuits and Criminal Cases Can Overlap

Some acts are both civil and criminal in nature. Criminal acts frequently give rise to civil liability.

For example, the intentional tort of assault and battery can also be the crime of assault and battery. More often, a plaintiff would file the intentional tort action because the battery did not rise to the level of a criminal assault.

Defendants charged and convicted of homicide are often sued for wrongful death after the criminal trial ends. The criminal case punishes the wrongdoer, while the civil case attempts to compensate the victim or their family.

Get Professional Legal Help

If you’ve been accused of a crime and are facing jail time, speak with a criminal defense attorney. They practice in criminal law and can provide sound legal advice.

If you have a personal injury claim or other civil matter, you should consult with a civil law attorney in your area. They can help you understand your options, which may or may not involve court.